Trump Stewing because of Lies Stephen Miller Fed Him During the Campaign

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Thus far, Trump’s biggest success on immigration in his second term has been to claim credit — twice! — for things that Sleepy Joe Biden did, in one case years ago.

He threatened sanctions on Colombia, only to agree to let Colombian President Gustavo Petro send planes to fetch deportees, sometimes in Colombian military planes, rather than receive them in US military planes.

He threatened sanctions on Mexico, only to boast after Claudia Sheinbaum committed to put 5,000 fewer Mexican troops on the border than are already there, the same 10,000 that Biden obtained years ago.

He threatened sanctions on Canada, only to boast that Justin Trudeau agreed to the same $1.3 billion in investments to counter fentanyl trafficking he put in place in December.

As for his efforts to round up and deport migrants in the US? Almost two weeks ago, I noted that the quotas ICE introduced to try to boost the deportation numbers fell wildly short of delivering the deportations Trump had promised his rubes, to say nothing of the way those quotas will lead to deportation of non-criminal migrants instead of the violent criminals Trump claims to be targeting. Almost two weeks ago, Trump’s flunkies confessed they would never be able to meet his promises for mass deportation.

The fate of a highly publicized raid in Aurora last week is a spectacular case in point.

On Thursday, shortly after the raid, the Fox News propagandist whose job it is to stoke fear about migration, Bill Melugin, first celebrated the “massive” raid, only later to reveal the raid had resulted in far fewer arrests than promised and just one arrest of a Tren de Aragua member. ICE immediately blamed its failure to detain more people on leaks.

That same day, Tom Homan announced he may have to halt the kind of embed ICE has been all too happy to give Melugin, because of leaks or operational security; he did not say that truthful reports to Fox viewers about his failures gets him in trouble with the boss. Tom Homan can’t afford to have Trump know that this massive raid found only a single Tren de Aragua member.

The raid focused on an apartment complex that had been the focus of a wildly propagandistic Trump campaign event headlined by Stephen Miller last year.

Both reporting sympathetic to migrants and that of mainstream outlets describes what actually happened, why the raid failed to lead to the number of arrests Trump promised: Heavily armed officers swarmed the building and knocked on every door, but after residents didn’t open up, they finally left. (Update: Elevating this really good account of the raid GinnyRED57 put in comments.)

Heavily armed federal agents raided apartment buildings across metro Denver early Wednesday in a search for Venezuelan gang members and other migrants under the Trump administration’s mass deportation effort targeting major cities.

At least two dozen officers carrying high-powered weapons stormed several complexes before sunrise. In some cases, they were backed by large, military-style vehicles.

The Department of Homeland Security said on social media that it was targeting 100 members of the Venezuelan gang Tren de Aragua for arrest and detention. It did not say how many people were taken into custody.

The operation included officers from Immigration and Customs Enforcement; the FBI; the Drug Enforcement Administration; and the Bureau of Tobacco, Alcohol, Firearms and Explosives.

[snip]

At an apartment complex in Denver, a 31-year-old Venezuelan man said that shortly after 5 a.m., ICE agents and other federal officers began yelling and loudly banging on every door.

The man, who asked that his name be withheld because he was afraid of being deported, said residents discreetly peered out their windows as large trucks and unmarked vehicles entered the parking lot.

Several residents said eight people were arrested at the complex.

People “hid with fear,” “didn’t open their doors” and remained “quiet without saying anything,” he said after all the agents had left.

In other words, while ICE had a few specific targets, they had no warrants for the vast majority of residences. They just kept knocking and knocking and knocking. And because the residents knew their rights, they didn’t open up.

It’s probably no surprise that this story from NBC is coming out days after the flopped Aurora raid. Trump is angry that his deportation numbers are falling so far short of what he promised his supporters.

Agents at Immigration and Customs Enforcement are under increasing pressure to boost the number of arrests and deportations of undocumented immigrants, as President Donald Trump has expressed anger that the amount of people deported in the first weeks of his administration is not higher, according to three sources familiar with the discussions at ICE and the White House.

A source familiar with Trump’s thinking said the president is getting “angry” that more people are not being deported and that the message is being passed along to “border czar” Tom Homan, Homeland Security Secretary Kristi Noem, White House Deputy Chief of Staff Stephen Miller and acting ICE Director Caleb Vitello.

“It’s driving him nuts they’re not deporting more people,” said the person familiar with Trump’s thinking.

[snip]

Meanwhile at ICE, Vitello told agents in January to aim to meet a daily quota of 1,200-1,400 arrests. According to numbers ICE has posted on X, the highest single day total since Trump was inaugurated was just 1,100, and the number has fallen since that day. On Tuesday of this week, arrests of immigrants were over 800, according to a source familiar with the numbers. But last weekend, there were only about 300 arrests, another source told NBC News.

In order to fulfill Trump’s Inauguration Day promise of “millions and millions” of deportations, the Trump administration would have to be deporting over 2,700 immigrants every day to reach 1 million in a year.

And, as NBC News has reported, arrests do not always equal immediate detentions, much less deportations. Of the more than 8,000 immigrants arrested in the first two weeks of the Trump administration, 461 were released, according to the White House.

Of course Trump is pissed that his biggest immigration success so far was stolen from Sleepy Joe Biden.

Of course Tom Homan is pissed that he can’t deliver what he promised.

Of course ICE is squirmy because even if they could meet their quotas — even if those migrants in Aurora, CO against whom ICE had no probable cause of a crime willingly opened their doors so ICE could arrest and deport them — the number of deportees would still fall far short of Trump’s goal.

But this all arises from the false expectations set during the election — from the lies Stephen Miller told, over and over and over and over and over, about the number of criminal migrants.

Trump is furious that his thugs can’t fulfill his promises. But those failures arise not through want of trying. Rather, those failures stem from the fact that reality in no way matches the hellhole Miller pitched for Trump, the imaginary hellhole Miller used to get voters afraid enough to vote for Trump.

Trump has redirected virtually all instruments of US national security to chase Stephen Miller’s lies. Not only is it going to lead to ongoing fury from the Boss, because reality will never match the propaganda Miller spun. But by neglecting the things that really do pose much more urgent threats — by destaffing investigations into real terrorists or operations to counter real ransomware attacks — Trump leaves America vulnerable in myriad ways.

Stephen Miller Confesses that Trump Lied about Immigrants

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After getting caught boasting last week because ICE was detaining the same number of people as Joe Biden’s Administration, the Administration has now imposed quotas — demanding that ICE arrest up to 1,500 migrants a day, which WaPo may have been the first to report.

Johnny Maga, a far right propagandist who never tires of looking like a stupid idiot, reported that with great excitement. Quotas!!!

Not so Stephen Miller. He got pissy that WaPo described, in both the subhed and in paragraph after paragraph of the report, that this will lead ICE to arrest non-criminals. Here’s how WaPo described the problem.

The orders significantly increase the chance that officers will engage in more indiscriminate enforcement tactics or face accusations of civil rights violations as they strain to meet quotas, according to current and former ICE officials.

[snip]

Neither ICE nor Homan responded to requests for comment. After an earlier version of this article was published, White House press secretary Karoline Leavitt said in an email that, “your story is false,” but did not reply when asked for specifics.

[snip]

But Paul Hunker, a former ICE chief counsel in Dallas, said arresting serious offenders takes time, staff and planning — more time than quotas might allow.

“Quotas will incentivize ICE officers to arrest the easiest people to arrest, rather than the people that are dangerous noncitizens,” said Hunker, who, as the agency’s chief counsel in Dallas, oversaw offices in North Texas and Oklahoma from 2003 through January 2024.

Fox, in its story lifting the WaPo story (with attribution but not a link), instead provided paragraph after paragraph providing excuses.

As CATO reported recently, this is what happened last time: Trump focused so much on asylum seekers, he left criminal aliens to roam free.

Candidate Trump’s “mass deportation” agenda will make the country less safe in two significant ways. First, it would remove a population that is less likely to commit crimes, ultimately making America’s neighborhoods less safe. For instance, Cato’s research has shown that both legal and illegal immigrants are nearly half as likely to commit crimes for which they are incarcerated in the United States. With unique data from Texas, we have found that immigrants—both legal and illegal—are less likely to commit homicides. Numerous studies have also found that immigration is linked to lower crime rates, homicide rates, and drug-related deaths.

The second problem with mass deportation is just as significant: it would shift focus away from the removal of immigrants who do commit crimes. Noncitizens who commit serious crimes should be prosecuted to the fullest extent of the law and deported. Whatever amount the government spends on immigration enforcement, it should spend on detaining and removing this small minority of individuals. Donald Trump claims that he did that, but the facts tell a different story regarding his record on migrant criminals:

  • On his fourth day in office, Trump signed an executive order rescinding Obama-era policies that prioritized the detention and removal of serious public safety threats;
  • Within a few months, his administration was secretly separating families, using prosecutorial resources to jail migrant parents and focusing resources on visa overstays, not serious criminals;
  • During the height of family separation, Trump deprioritized prosecuting migrants with criminal histories to instead spend resources on separating families;
  • While Trump poured resources into detaining asylum seekers, he also released nearly 58,184 noncitizens with criminal records, including 8,620 violent criminals and 306 murderers;
  • ICE ended up (re)arresting nearly 11,000 noncitizens who entered under Trump and were convicted of non-immigration crimes, including rape and murder; and
  • Trump’s policies incentivized migrant criminals to enter, triggering a threefold increase in the number of convicted criminals attempting to cross the border illegally.

Miller predictably is already trying to spin the civil violation of illegal entry into a crime, to say nothing of paying Social Security that you’ll never get in return as a tax crime.

Which is what two experts told Axios would happen: Miller would have to falsely claim a larger pool of migrants are criminals because he falsely told stupid Trump voters there were more criminal aliens during the election.

What they’re saying: “There are not millions of people with criminal records to deport,” Nicole Hallett, director of the Immigrants’ Rights Clinic at the University of Chicago, tells Axios.

  • Trump “keeps trying to bullsh-t with the public that there are all these particularly serious so-called criminals. There aren’t enough of those people to exist to be 1 million,” Karen Tumlin, director of the immigrant legal advocacy group Justice Action Center, tells Axios.
  • Both Hallett and Tumlin expect Trump to begin calling all undocumented immigrants “criminals” in order to say millions of criminals could be deported.

Remember, during the election Trump and Miller falsely claimed there were over 400,000 criminal aliens wandering around, when that stat primarily counts the number of people who are already safely housed in US prisons.

Former President Donald Trump is wildly distorting new statistics on immigration and crime to attack Vice President Kamala Harris.

Trump falsely claimed Friday and Saturday that the statistics are specifically about criminal offenders who entered the US during the Biden-Harris administration; in reality, the figures are about offenders who entered the US over multiple decades, including during the Trump administration. And Trump falsely claimed that the statistics are specifically about people who are now living freely in the US; the figures actually include people who are currently in jails and prisons serving criminal sentences.

“Kamala should immediately cancel her News Conference because it was just revealed that 13,000 convicted murderers entered our Country during her three and a half year period as Border Czar,” Trump wrote in one post on Friday, the day Harris visited the southern border in Arizona. Harris “allowed almost 14,000 MURDERERS to freely and openly roam our Country,” Trump wrote in another Friday post. They “roam free to KILL AGAIN,” he wrote, escalating his rhetoric, on Saturday.

Facts First: Trump’s claims are false in two big ways. First, the statistics he was referring to are not specifically about people who entered the country during the Biden-Harris administration. Rather, those statistics are about noncitizens who entered the country under any administration, including Trump’s; were convicted of a crime at some point, usually in the US after their arrival; and are now living in the US while being listed on Immigration and Customs Enforcement’s “non-detained docket” — where some have been listed for years, including while Trump was president, because their country of citizenship won’t let the US deport them back there. Second, that ICE “non-detained” list includes people who are still serving jail and prison sentences for their crimes; they are on the list because they are not being held in immigration detention in particular.

The new statistics, released by ICE in a letter to a Republican congressman this week, said there were 425,431 total convicted criminals on the non-detained docket as of July 21, 2024, including 13,099 people with homicide convictions.

Trump lied to his rubes, with the able assistance of his chief racism advisor. And now he’s struggling to assure his supporters he’ll deliver the eye-popping numbers he promised.

Which is why I’m laughing so hard at Johnny Maga.

Because even if Trump meets these quotas — quotas which will end up focusing on the law-abiding migrants rather than the dangerous people Miller has been wailing about — he’ll only deport 547,500 people this year, nowhere close to the mass deportations he sold his rubes.

You all lied. You lied and lied and lied to make voters afraid.

And already on day 8, you’re spinning wildly rather than simply admitting you cynically lied to gin up fear to get Trump elected.

Update: Greg Sargent discussed this at length in his podcast today.

Trump’s Stranglehold on the GOP Is a Vulnerability

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Kamala Harris’ first couple of stump speeches as Presidential candidate included three parts:

  • Set up of prosecutor versus felon contrast (“I know his type”)
  • Tribute to Joe Biden
  • Lay out promise for the future (“Not going back”)

Last night’s speech (at least until CSPAN’s feed crapped out) swapped the second part — the tribute to Biden — and replaced it with an attack on Trump’s role in tanking the border bill.

That swap came after the Vice President’s campaign released this ad, similarly targeting Trump for his role in killing the bill.

To be sure — this is the same approach Biden has taken: imputing from Trump’s deliberate tanking of the border bill opposition to fixing the border. It was undoubtedly one of the reasons Biden spent so much time negotiating the border bill, only to have Congress tank it.

But when Biden used that approach, he explained it. Harris turned it into an attack on Trump’s selfishness.

These ads will not deflate Republican efforts to turn Harris’ role in working with Central America to try to decrease the flow of migrants, which they’ve spun into being the border czar in charge of the entire border, into fear about her approach to the border. But it succinctly flips the script.

It holds Trump accountable for things he made other Republicans do at his behest.

The same is true of the departure of Paul Dans, the head of Project 2025, from Heritage Foundation.

Trump’s campaign managers — Chris LaCivita and Susie Wiles — released a statement crowing after Dans’ departure.

Reports of Project 2025’s demise would be greatly welcomed and should serve as notice to anyone or any group trying to misrepresent their influence with President Trump and his campaign — it will not end well for you.

And Dans booked, then no-showed, an appearance with Kaitlan Collins show.

But ultimately, if you’re making the personnel decisions, as it appears Trump’s campaign did on Dans’ departure, then you own it. It only serves to reaffirm Trump’s role in the project.

And none too soon. Multiple outlets are publishing the forward that JD Vance did for Heritage Foundation president Kevin Roberts, including his adoption of Roberts’ call to “circle the wagons and load the muskets” to take out government.

Vance has deep ties to the Heritage Foundation, and in particular to Kevin Roberts, who has been president of the right-wing think tank since 2021 and is the architect of Project 2025. Vance has praised Roberts for helping to turn the organization “into the de facto institutional home of Trumpism” and has endorsed elements of Project 2025. Vance is also the author of the foreword to Roberts’s upcoming book, Dawn’s Early Light, which The New Republic has obtained in full even though the book’s publisher, HarperCollins’s Broadside Books, has apparently tried to suppress it amid the scrutiny of Project 2025 and Vance’s ties to Roberts.

The subtitle and cover of Roberts’s book were softened as scrutiny of the Trump campaign’s ties to Project 2025 grew. The book was originally announced with the subtitle “Burning Down Washington to Save America” and featured a match on the center of its cover. The subtitle is now “Taking Back Washington to Save America,” and the match is nowhere to be seen. Promotional language invoking conservatives on the “warpath” to “burn down … institutions” like the FBI, the Department of Justice, and universities has also been removed or toned down, though it is still present in some sales pages.

But the inspiration for that extreme language can be found in Vance’s foreword, which ends with a call for followers to “circle the wagons and load the muskets,” and describes Roberts’s ideas as an “essential weapon” in the “fights that lay [sic] ahead.” (The New Republic downloaded Dawn’s Early Light earlier this month from NetGalley, which provides advance copies of books to reviewers and booksellers. Copies were removed from the platform earlier this month.)

Trump might yet replace Vance — though he has only a few weeks before ballot finalization would make that far more difficult.

But he can’t disown the hundreds of top Trump aides associated with this project.

Because of Trump’s stranglehold on the Republican Party, Kamala Harris is in a sweet spot: She can claim credit for Joe Biden’s successful policies. But she can also treat Trump as a near-incumbent, holding him accountable for all the things Republicans have been doing to help Trump beat Joe Biden for the last two years.

That may turn out to be a serious vulnerability for Trump going forward.

Update: Roger Sollenberger confirms that LaCivita pushed Dans out.

The Trump campaign forced the architect of the ultraconservative Project 2025 manifesto out of his job on Tuesday as it sought political cover from a controversy dogging Republicans, the Daily Beast can report exclusively.

Trump campaign manager Chris LaCivita “put the screws” to mastermind Paul Dans in an effort to force him out and shut down the right-wing shop behind Proejct 2025, a sprawling blueprint that sought to overhaul the federal government and implement an array of far-right policies for a potential second Trump administration, a well-placed source told the Daily Beast.

CC BY 2.0

Greg Abbott, King Herod, and December 28th

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James Taylor in Concert (h/t photographer Elizabeth Warren. Yes, that Elizabeth Warren)

Last January 5th, I wrote a post about a James Taylor song, “Home By Another Way,” which retells the story of the Magi and their interactions with King Herod. (OK, it wasn’t *only* about old King Herod and the old Magi, but at least as much about their modern heirs.) According to Matthew’s gospel, the wise men first came to King Herod, asking where to find this new king, and Herod tried to turn the wise men into unwitting spies. “Look in Bethlehem,” he told them, “and when you find this new king, let me know so that I can worship him as well.”

Riiiiiight.

The wise men, says Matthew, were warned in a dream about Herod and his deceit, and so they “went home by another way” (thus the title of JT’s song) to avoid going back to Herod.

That’s actually only half of the story, December 28th is the day in the liturgical calendar where the second half of that story gets told. Spoiler alert: it is *not* pretty.  From Matthew, with emphasis added:

Now after [the wise men] had left, an angel of the Lord appeared to Joseph in a dream and said, “Get up, take the child and his mother, and flee to Egypt, and remain there until I tell you; for Herod is about to search for the child, to destroy him.” Then Joseph got up, took the child and his mother by night, and went to Egypt, and remained there until the death of Herod. This was to fulfill what had been spoken by the Lord through the prophet, “Out of Egypt I have called my son.”

When Herod saw that he had been tricked by the wise men, he was infuriated, and he sent and killed all the children in and around Bethlehem who were two years old or under, according to the time that he had learned from the wise men. Then was fulfilled what had been spoken through the prophet Jeremiah:

“A voice was heard in Ramah,
wailing and loud lamentation,
Rachel weeping for her children;
she refused to be consoled, because they are no more.”

Let that sink in for a minute. According to Matthew’s Christmas story, Joseph took Mary and the newborn Jesus and fled their home country out of fear for their lives. In other words, Jesus and his parents were asylum-seeking refugees.

Which brings me to Greg Abbott. From the Washington Post:

Three buses full of migrants arrived at Vice President Harris’s residence in Washington from Texas on Christmas Eve amid bitingly cold weather, a mutual aid group said, the latest in an influx of newcomers sent to the Northeast by Southern states.

About 110 to 130 men, women and children got off the buses outside the Naval Observatory on Saturday night in 18-degree weather after a two-day journey from South Texas, according to the Migrant Solidarity Mutual Aid Network. On the coldest Christmas Eve day on record in the District, some migrants were bundled up in blankets as they were greeted by volunteers who had received word that Texas Gov. Greg Abbott (R) had sent the caravan.

Volunteers scrambled to meet the asylum seekers after the buses, which were scheduled to arrive in New York on Christmas Day, were rerouted due to the winter weather. In a hastily arranged welcoming, a church on Capitol Hill agreed to temporarily shelter the group while one of the mutual aid groups, SAMU First Response, arranged 150 breakfasts, lunches and dinners by the restaurant chain Sardis.

Greg Abbott takes refugees fleeing for their lives and ships them into the teeth of a horrible winter storm, without warning, without proper clothing, and without any plans for what happens when they arrive. On Christmas Eve, of all times. “Look how tough I am!”

Thank God Greg Abbott wasn’t ruling in Egypt when Jesus, Mary, and Joseph were fleeing for their lives.

On the liturgical calendar, December 28th is called “The Slaughter of the Innocents,” to which JT’s song gives a nod:

Steer clear of royal welcomes
Avoid a big to-do
A king who would slaughter the innocents
Will not cut a deal for you
He really, really wants those presents
He’ll comb your camel’s fur
Until his boys announce
They’ve found trace amounts
Of your frankincense, gold and myrrh.

To be clear: these asylum-seekers were fleeing from the very real King Herods in various Central American countries, who posed very real threats to their own lives. But when they reached Texas, Florida, and Arizona, Greg Abbott, Ron DeSantis, and Doug Ducey acted like little Herods themselves, rather than following the example of the unnamed Egyptian leader in Matthew’s story. They really, really want that oval office, and they’ll do whatever they think will preserve their political power now and put them on a path to accumulating more power down the road. Who cares how many people have to die, right?

Once upon a time, the GOP was a party that billed itself as Christian. Today, apparently, not so much.

If you’d like a different vision of how Christians respond to refugees, let me direct you to Lutheran Immigration and Refugee Service (emphasis in the original):

Lutheran Immigration and Refugee Service (LIRS) is the largest faith-based nonprofit dedicated to serving vulnerable immigrants, asylum seekers and refugees in the U.S. Simply put, we resettle refugees, reunite children and parents, and rekindle the American Dream. 

For more than 80 years, LIRS has been a champion for migrants and refugees from around the globe. Our legacy of compassionate service has made a difference in the lives of more than 500,000 people who have sought safety and hope in America’s communities. Our history reflects our own deep immigrant roots and passionate commitment to welcoming newcomers, especially those who are most in need.

Three words for today, and — spoiler alert — one of these voices is not like the others:

LIRS:

“When I was a stranger, you welcomed me.” Rooted in faith, LIRS believes that we are called to welcome those fleeing persecution and seeking refuge in the United States.

SAMU First Response:

Given the migration crisis at our nation’s capital, SAMU First Response is delivering humanitarian assistance to asylum seekers arriving from Texas and Arizona. We are providing respite care to the children, women and men arriving to Washington, DC. Our support to these migrants aims to reinstate a sense of security and dignity so they can continue their journey.

Greg Abbott: What do you mean by “welcome” and “humanitarian”?

Happy Slaughter of the Innocents Day, sponsored this year by the Office of the Governor of Texas. In his honor, might I suggest donations be made to LIRS and SAMU First Response?

Sing it again, Brother James!

 

 

Mirriam Seddiq, Dulles Justice and New Effort For Afghan Evacuees

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Woke up to see that one of our favorite commenters, Eureka, noted Marcy’s retweet of MirriamZary from late last night. There are so many new folks here, and such a hurricane of strife, in the four and a half years since Trump set the first Muslim Travel ban that I thought a little backstory would be good about now. So, here we go.

@MirriamZary is her Twitter handle, but her real name is Mirriam Seddiq, and she is totally kick ass. I’ve twitter known her forever, there are a certain group of criminal defense attorneys that have long known and interacted with each other, on and off of twitter, and she has very long been one.

The day Trump instituted the Muslim ban in 2017, Mirriam, her partner at Seddiq Law, Justin Eisele, and some local attorney colleagues founded Dulles Justice and camped out at Dulles airport protesting the way Muslims were being detained and denied legal immigration assistance. They gave advice to families concerned, and laid a lot of the initial basis that soon got the Muslim ban set aside. Also inspired similar efforts in international airports all over the country, including here.

It was so inspiring that, after getting some tips from her work, I got off my butt and went and joined some other friends at our local Sky Harbor airport to do the same. That occurred all over the country. Thankfully, it was not that much of a legal problem here, and most of our time went into protesting (and it was a pretty big one) for news cameras and reporters, and not into having to address legal issues and problems. Soon the travel ban was set aside, and a lot of the impetus on the ground started with Mirriam and Dulles Justice. She is a hero, and is clearly now back at it. By necessity, yet again.

So, that is the back story of MirriamZary. Updates will likely be necessary as events are unfolding quite fast. How the Afghan evacuees are treated in the US, and elsewhere, will be an ongoing story and concern for quite some time.

As a coda, for now anyway, I’d like to point out how awesome women criminal defense attorneys are. You may remember me mentioning it here at EW. I took after Kathleen Walsh almost immediately on Twitter because I was so outraged and disgusted by her demeaning article. That was just the start, I kept on for a bit, because Walsh deserved it. Another one of the evil criminal defense attorneys, my pal Scott Greenfield, did a fantastic post on Walsh’s uninformed nonsense. What Kathleen Walsh doesn’t understand is what defense attorneys, and women are a core part of them, really do. They kick ass and take names, and Mirriam Seddiq is a prime example of that.

DOJ Decides Leaked, Inaccurate DOJ IG Materials Are Awful

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The NYT has a story–on which Michael Shear, who is home in quarantine with his spouse after catching COVID in the White House’s superspreader cluster, has the lead byline–on DOJ’s complicit role in separating children from their parents.

It describes how five border-state US Attorneys tried to avoid imposing the draconian policies masterminded by Stephen Miller (who, like Shear, got infected in Trump’s super-spreader event). But those US Attorneys were overruled by Jeff Sessions and Rod Rosenstein. Those findings appear in a draft DOJ IG Report, which has been sent to DOJ for comment, but not yet published.

The five U.S. attorneys along the border with Mexico, including three appointed by President Trump, recoiled in May 2018 against an order to prosecute all undocumented immigrants even if it meant separating children from their parents. They told top Justice Department officials they were “deeply concerned” about the children’s welfare.

But the attorney general at the time, Jeff Sessions, made it clear what Mr. Trump wanted on a conference call later that afternoon, according to a two-year inquiry by the Justice Department’s inspector general into Mr. Trump’s “zero tolerance” family separation policy.

“We need to take away children,” Mr. Sessions told the prosecutors, according to participants’ notes. One added in shorthand: “If care about kids, don’t bring them in. Won’t give amnesty to people with kids.”

Rod J. Rosenstein, then the deputy attorney general, went even further in a second call about a week later, telling the five prosecutors that it did not matter how young the children were. He said that government lawyers should not have refused to prosecute two cases simply because the children were barely more than infants.

Passages of the report citing John Bash, who recently resigned his position as US Attorney for WD TX only to be replaced by a Billy Barr flunky, are quoted twice.

“Those two cases should not have been declined,” John Bash, the departing U.S. attorney in western Texas, wrote to his staff immediately after the call. Mr. Bash had declined the cases, but Mr. Rosenstein “instructed that, per the A.G.’s policy, we should NOT be categorically declining immigration prosecutions of adults in family units because of the age of a child.”

[snip]

In a briefing two days after Christmas in 2017, top Justice Department officials asked Mr. Bash for statistics from the pilot program, conducted by his predecessor, that could be used to develop “nationwide prosecution guidelines.” Mr. Bash, a former White House adviser, did not receive a follow-up request for the information. Thinking that the idea had been abandoned, he did not provide it.

And there’s at least one other prosecutor quoted — revealing that the no-tolerance policy targeting children let some far more serious criminals go free — who could be him.

Border Patrol officers missed serious felony cases because they were stretched too thin by the zero-tolerance policy requiring them to detain and prosecute all of the misdemeanor illegal entry cases. One Texas prosecutor warned top Justice Department officials in 2018 that “sex offenders were released” as a result.

The article itself is based off a draft copy of the report and interviews with three anonymous officials.

This article is based on a review of the 86-page draft report and interviews with three government officials who read it in recent months and described its conclusions and many of the details in it.

Bash should not have had access to this entire report to review his own role in it. Past practice would have suggested he get just those passages that pertain to him directly (though this report appears to cover his time both at Main DOJ and as a US Attorney). But he would have access to the passages that quote him directly.

The article is most amusing, however, for the response from DOJ, which complains about an inaccurate DOJ IG Report and improper leaks.

Alexa Vance, a spokeswoman for the Justice Department, disputed the draft report and said the Homeland Security Department referred cases for prosecution.

“The draft report relied on for this article contains numerous factual errors and inaccuracies,” she said. “While D.O.J. is responsible for the prosecutions of defendants, it had no role in tracking or providing custodial care to the children of defendants. Finally, both the timing and misleading content of this leak raise troubling questions about the motivations of those responsible for it.”

As I have laid out, the DOJ IG Report on Carter Page has numerous factual errors, just some of which they’ve corrected. The central complaint in the parallel Lisa Page and Peter Strzok Privacy Act lawsuits about the release of their texts is that those were released improperly, both as to timing and legality, and led to misleading interpretations of what the texts mean. Both of those lawsuits implicate a sworn declaration made by Rod Rosenstein (who is badly implicated by this report and who issued a statement to the NYT, suggesting he could be one of the anonymous sources as well). The Rosenstein statement in the Page and Strzok lawsuits will test how credible his claims are about his own actions in response to illegal requests from the President.

In other words, the entire article is thick with irony and revenge. And it will surely focus more scrutiny on the denials that DOJ issues once it is released after the election.

But none of that helps the infants who got separated from their parents.

Not the Right Kind of Monster, Says the Racist [UPDATE-2]

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[NB: Check the byline, thanks! Updates at bottom of post. / ~Rayne]

It was just a matter of time before Republicans honed their eye teeth and sharpened their claws, coalescing around a single line of attack after Joe Biden announced he’d selected Kamala Harris as his running mate.

Harris is a dirty radical leftist! Harris is an Obama centrist! they snarled across social media, grasping at any point to prove to Democratic Party voters that Harris isn’t their kind of candidate.

Harris will defund the police! Harris is a cop! they growled in more posts and tweets from the right and their horseshoe left proxies, whipping up vortices of volatility in messaging about Harris’s identity.

But Newsweek solved that yesterday by publishing this piece of racist bullshit to which I won’t link:

Not only is this racist ogre’s argument wrong, the contributor was a former candidate who lost the Republican primary for California Attorney General in 2010 when Kamala Harris won.

Newsweek failed to point out this conflict of interest upfront; in for a penny, in for a pound, though, as Newsweek had already failed to spike the piece.

Early this morning Newsweek’s editor offers an explanation and it is just as bad as Eastman’s:

Newsweek’s editors claim it wasn’t birtherism (racism focusing on a candidate’s birth place), but a 14th Amendment issue (racism focusing on a candidate’s parents’ birth place).

It’s still racism. There’s no excuse for running Eastman’s racist op-ed. Period.

It’s bad when right-leaning Axios says the op-ed is baseless and hypocritical since Eastman didn’t have any problem with Ted Cruz’s candidacy in 2016.

Justin Fox at Bloomberg Opinion definitively takes apart Eastman’s monstrous argument in case there’s any doubt, replete with excerpts about the drafting of the 14th Amendment. This is what Newsweek should have sought before approving Eastman’s racist crap.

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Eastman likely picked up his cue from USAToday’s fact-checking article addressing an earlier Facebook entry which cast doubt about Harris’s eligibility (not linking to the entry):

USAToday said they reached out to this Facebook poster. They never mention whether they had any luck making contact.

I doubt they could.

The poster’s last name, Sciuridae, means squirrel in Latin; the last name doesn’t match the username in the Facebook URL for the post, aseckora. The post looks — well, squirrelly.

The post’s timing doesn’t make sense — it’s dated August 2 when Biden didn’t announce his running mate until Tuesday August 11.

While USAToday did a thorough job shooting down the Facebook post’s false claims, it doesn’t look good that it didn’t resolve the source of the claims.

Whatever triggered Newsweek’s unacceptable choices isn’t rational. A once-respected news organization has now become cursed by its terminal adherence to bothsides-ism, giving a platform to racism.

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In the manga work, “Death Note,” by Tsugumi Ohba and Takeshi Obata, the character L Lawliet describes the targets of his detective work:

“… There are many types of monsters that scare me: Monsters who cause trouble without showing themselves, monsters who abduct children, monsters who devour dreams, monsters who suck blood… and then, monsters who tell nothing but lies. Lying monsters are a real nuisance: They are much more cunning than others. They pose as humans even though they have no understanding of the human heart; they eat even though they’ve never experienced hunger; they study even though they have no interest in academics; they seek friendship even though they do not know how to love. …”

While their adored tangerine-tinted president abducts children from the parents and cages them, sucks resources from taxpayers’ government services, lies about the spread of pandemic and the reasons why Americans are dying, the right-wing will argue again and again that Harris is some kind of monster. These arguments will be propelled even further by their trollish minions to flood the zone.

They’ll ignore the logical inconsistency of their claim Harris is not eligible as an immigrants’ child though their fearless and feckless leader is an immigrant’s child, too, and the grandson of a then-Canadian brothel owner to boot.

We can see the challenge isn’t immigrant parentage. We can see their problem.

The real problem for the right-wing isn’t that Harris is some kind of dread bugaboo or a feared bugbear.

It’s that Harris isn’t one of their kind.

She’ll never be qualified to be a white supremacist monster.

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UPDATE-1 — 6:45 P.M. ET —

The monster in the White House just referred to Eastman’s piece-of-shit racist op-ed.

This is why this argument must be repudiated strongly. Average Americans have taken this man’s word on face value too often — like the man who poisoned himself with HCQ or the people who sickened themselves drinking disinfectant after Trump promoted both as means to treat COVID-19.

These same people will accept on faith this racist’s racist lawyer’s bad opinion because he said it from the presidential podium.

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UPDATE-2 — 8:00 P.M. ET —

This observation is key:

It’s on Newsweek for platforming Eastman’s racist bullshit, validating it as equal to any counter argument.

It’s on other entities like USAToday which fact checked another birther’s claims but did not call it out forcefully as racism. The words race, racist, racism never appear in their article.

As I’ve said before: Get comfortable with calling out racism. I’m talking to you white people. Recognize, call it out, shame it.

The reason why Trump had any chance of winning in 2016 and again in 2020 is racism. Until you, white people, make it socially, morally, ethically unacceptable to be racist, Trump and his kind of monster will continue to acquire and hold power.

It’s not enough to just nod your head. Silence is approval. Silence is complicity. You must be anti-racist if you want the monsters dead.

Newsweek was overtly racist by publishing Eastman’s racist screed.

USAToday piece is what happens when white people just nod their heads and don’t openly acknowledge racism at work.

Which media outlets recognized the next generation birtherism as racism?

The Statue Donald Trump Has Overturned

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I apologize for my scarcity over the last week. I’ve got a bunch of personal things going on — I expect to be fairly scarce for the next week or so yet.

Thanks to Rayne, bmaz, and Ed for picking up the slack.

I’m having a particularly hard time with our nation’s celebration this year. It’s not just the things Trump is doing. It’s not just the many visible signs of where we’ve fallen short of the ideals our nation aspires to (though I double down on the idea that a Trump Effect, in which he makes things that have long been a problem visible, may serve us if and when we recover from his presidency).

This year, I’m wondering, myself, if I could have done anything more to serve the ideals of this country.

The same things that have kept me from writing saved me from watching yet another race-baiting speech from the President last night.

That said, I couldn’t help but observe, amid the coverage of his claim to be protecting the nation’s statues honoring dead racists rather than human beings facing a deadly disease, that there actually is a,

better place to celebrate America’s independence than beneath this magnificent, incredible majestic mountain and monument to the greatest Americans who have ever lived.

Sure, Washington, Jefferson, and Lincoln are key (and flawed) figures who have guided our country.

But the more obvious statue symbolizing our nation is the one sitting in New York harbor, the female figuring inviting your tired, your poor, Your huddled masses yearning to breathe free to be part of the great experiment that is our country, the one that welcomed so many immigrants who became key contributors to our nation.

It is that idea, the idea that any person, no matter how humble, can join this nation that has been so powerful an idea, when when he have fallen short from delivering on that dream.

And yet there was zero chance that Trump would have given a speech with that great female figure behind him, in the city he has fled (in part to hide his financial state). There’s no chance Trump would pay tribute to the abstract idea of freedom. There’s no chance Trump would risk a speech in a Blue State.

There’s sure as hell no chance that Trump would do anything to recognize how immigrants are the strength of this country.

Long before protestors started overturning statues honoring traitors to the United States, Trump overturned an ideal. He might well have held the Statue of Liberty underwater, shaking her violently as she drowned.

Donald Trump wants to run against those who’ve dared overturn those statues to traitors.

And yet he has betrayed the statue that better symbolizes what this country might be.